Get the lowdown on developments in competition law in Australia and around the world with The Competitive Edge, a competition law podcast. Each fortnight Moya Dodd and Matt Rubinstein explore insights and trends with our resident experts and special guests to give you the competitive edge.
Partner Elizabeth Avery gives us a world tour of new directions in competition law, theories of harm and merger review both here and overseas, and lessons from our role in the Paramount / Warner Bros merger. Plus news you can use on all the Phase 2s, declarations and exemptions in exceptional circumstances, scambling and other portmanteaux, and how to watch — and how definitely not to watch — The Odyssey … All this and — — — with co-hosts Moya Dodd and Matt Rubinstein.
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Partner Tanya Macdonald and Special Counsel Haidee Leung join us to talk about the first year of the new merger regime -- half-voluntary, half-mandatory -- how it started, how it's going, what's changed and the changes to come. Plus exceptional circumstances call for exceptional measures, the ACCC whacks Miyagi and probes Prime for unfair contract terms, and new rules target supermarket price-gouging … All this and the Anzac Act with co-hosts Moya Dodd and Matt Rubinstein.
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Dr Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury joins us to talk about AI, the revitalised National Competition Policy, non-competes and unfair trading practices, and competition on the field and in the economy. Plus, marathons and ultramarathons, the ParaSkyWarBroDisco merger, the 'Australia Plus' UK social media ban, and the ACCC takes Grill'd to court for greenwashing … All this, and Ewar Woowar, with co-hosts Moya Dodd and Matt Rubinstein.
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Professor Julian Wright from the National University of Singapore joins us to talk about competition and regulation up and down the AI stack -- from the chips to the chatbots and everything in between. Is it winner-takes-all or winner-takes most? Will the digital platforms displace the new labs? And do we need more regulation or less? Plus a competition conference is compliantly considered, Ampol/EG Australia is the first Phase 2 merger approved by the ACCC, the new-look unfair trading practices bill reaches parliament, and AI essays and encyclicals abound … All this and cinematic polycephaly with co-hosts Moya Dodd and Matt Rubinstein.
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Dr Lilla Csorgo, lay member of the High Court of New Zealand, joins us to talk about being Chief Economist in three different countries, approaches to ex ante regulation and merger control, being approximately correct vs precisely wrong, and whether fiction and economics have anything in common. Plus, the ACCC wins against Coles in its “was/now/had been” pricing case, the courts have thoughts on NSW Ports, competition and consumer initiatives in the federal budget, and competition and consumer concerns at the FIFA World Cup … All this and e-micromobility with co-hosts Moya Dodd and Matt Rubinstein.
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ACCC Commissioner Luke Woodward delivered this year's Bannerman Competition Lecture (jointly hosted by the Business Law Section of the LCA and the ACCC), tracking the development of trade practices and competition law in Australia, the enduring influence of its first Commissioner and Chair and the challenges that lie ahead. Plus Woolworths and was/now pricing, Apple and app store access, and Mastercard and merchant routing in the courts; the future of cash revisited; and another Phase 2 review, this time for IAG and the RAC … All this and Bananaman with co-hosts Moya Dodd and Matt Rubinstein.
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G+T Partner Geoff Petersen unpacks the regulatory response to the fuel shocks that are raising prices and causing shortages around the world, including security of energy supply and infrastructure, new demand from electric vehicles and data centres, and questions about fuel price gouging and domestic gas reservation.. Plus, the first quarter of the new merger regime and another round for the MicroStar/Konvoy acquisition, our new Solicitor-General of Australia, and the Wiggles deliver their product safety podcast … All this and a muse of fire with co-hosts Moya Dodd and Matt Rubinstein.
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Legend emeritus Peter Waters and Partner Andrew Low take us through the rise and the risks of agentic AI in commerce and beyond: how AI agents can organise our holidays and even our lives, why we might or might not want them to, and how they interface with contract, competition and consumer protection law. Plus, Australia's highest individual competition law penalty in the Qteq case, and the US war against Iran brings concerns over fuel supply and pricing as well as limits on AI. All this and Maxwell Smart with co-hosts Moya Dodd and Matt Rubinstein. Links:
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Xmas in February: Partner Louise Klamka takes us behind the scenes of the ACCC's compliance and enforcement priorities and what we can expect in the coming year -- a wake-up call for business and advisers, changes to the law and the three-body problem of competition law, consumer protection and ex ante regulation. Plus Phase 2 mergers join the school of hard NOCCs, Fortnite fans emote as Epic Games and Google settle up, and a slap on the wristband for Live Nation/Ticketmaster? All this and the Brisbane Olympics with co-hosts Moya Dodd and Matt Rubinstein. Links:
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Partner Liana Witt and lawyer David Holmes take us through the Australian government's plan to prohibit unfair trading practices -- with all the low-down on subscription traps and drip pricing, the tests and the penalties, and how businesses can prepare for the new rules. Plus, the ACCC's compliance and enforcement priorities for 2026-27, what's going down down down at the Coles pricing hearing, and even more changes to the US antitrust landscape … All this and Buffalo buffalo with co-hosts Moya Dodd and Matt Rubinstein.
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Special Counsel Amelia McKellar joins us to explore merger control and microchips, industry policy and involution in the world's second-largest economy. Plus, all the news on the new and now mandatory Australian merger framework, G+T's new tool to navigate all those thresholds and forms, the proposed prohibition on unfair trading practices planned for 2027, and a whistleblower bounty in the US … All this and the accidental sad horse with co-hosts Moya Dodd and Matt Rubinstein.
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How to Host a Merger: In our special Antipodean summer edition, head of Competition Elizabeth Avery and co-head of Corporate Advisory and M&A, Costas Condoleon, share their experiences with Australia’s new merger regime so far, with a focus on multijurisdictional mergers, foreign investment, and global counsel. Notification thresholds, forms and fees, engaging with the competition and foreign investment regulators, information requirements and timeframes, conditions precedent and how to avoid gun-jumping … all this and board games with co-hosts Moya Dodd and Matt Rubinstein of #TheCompetitiveEdge #podcast #competitionlaw
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Partners Simon Muys and Tanya Macdonald join us to ring in Australia’s new merger clearance regime – what's settled, what's still up in the air and how our clients are navigating the new world in the third but not necessarily final instalment of our webinar series. This episode may qualify for 1 CPD point depending on your jurisdiction. Plus Skarsgårds and Sarsgaards, trilogies of four or more, and our new MergerHub … All this and nothing more with co-hosts Moya Dodd and Matt Rubinstein.
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ACCC Chair Gina Cass-Gottlieb delivers a keynote at our recent forum on the new merger framework that's just around the riverbend: why the change, how to engage with the ACCC, and what's still up in the air. Plus the Chatham chat on fees, thresholds and first-instance decision-making, an agreement on unfair trading practices, the FTC loses its case against Meta, and former chair Lina Khan's new gig in New York … All this and movie posters with co-hosts Moya Dodd and Matt Rubinstein of #TheCompetitiveEdge #podcast #competitionlaw #rrrjrrr
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DPSI 10 Your Seatbelts: Kate Reader, head of the ACCC's Digital Markets Branch and G+T alum, returns to unpack the landmark Digital Platform Services Inquiry, developments in Australia and overseas and greatly exaggerated rumours about the ACCC's digital team. Plus the newest conference on the competition mafia or knitting circle's calendar, the new acquisitions register hits its stride, and a hot potato for the Wiggles … All this and merger jokes with co-hosts Moya Dodd and Matt Rubinstein. [Links]
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The new Scams Prevention Framework will kick in next year with codes of conduct and big penalties for failing to take reasonable steps to combat scams. Competition partner Jeremy Jose and Disputes and Investigations partner Antonia Garling take us through the impact on the telecommunications, digital platform and banking sectors and what this will mean for business and consumers. Plus more tweaks to the new merger process; a green light for Cuscal/Indue but last drinks for MicroStar/Konvoy in the twilight of the old regime, or mergerdämmerung; and a new prohibition on excessive pricing. All this and our upcoming forum on the new merger system with co-hosts Moya Dodd and Matt Rubinstein.
Meet the Gilbert + Tobin Competition, Consumer + Market Regulation team
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Moving On Up: Non-compete and no-poach restrictions in employment contracts in the government's sights, and Special Counsels Amelia McKellar and Kaushalya Mataraaratchi explain how long-standing exceptions to the competition law could be put on gardening leave. Plus subscription traps and Amazon's Iliad flow, Taylor Swift and Ticketmaster, Treasury on AI and the ACL, ASIC and ANZ, and a new Commissioner at the ACCC … All this and M People with co-hosts Moya Dodd and Matt Rubinstein.
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Kieran Pender from the Human Rights Law Centre joins us to talk about whistleblowers -- how they're protected, how they engage with regulators, the changes that could be coming, and how businesses can encourage accountability in their own culture and processes. Plus the new merger notification waiver form; firings, re-hirings and re-firings in the US antitrust agencies; Google wins, loses or draws on penalties; the ACCC's purple patch in cartel enforcement and the last informal merger reviews race for the finish line. All this and morels with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast.
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Partner Geoff Petersen joins us fresh from the ACCC/AER Regulatory Conference with the latest on regulating infrastructure, the energy transition, competition and innovation. Plus the Government's Economic Reform Roundtable; a second leasehold on the ACCC's acquisitions register earns a new frequently asked question; more casualties at the US antitrust agencies; and what even is a notification waiver? All this and Sudanese cinema with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast. [Links] Breaking news:
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Productivity Commissioner Stephen King joins us to talk about regulation and innovation, data and AI, the lost decade of productivity growth, and the baptist and bootlegger issue. Plus Epic wins the first round against Apple and Google, mavericks and icepeople at the ACCC/AER Regulatory Conference, the first acquisition is notified under the new merger regime, and the long haul to the High Court for NSW Ports and the Port of Newcastle. All this and the Rock Bottom Remainders with co-hosts Moya Dodd and Matt Rubinstein.
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Jennifer Fish, Economist at Charles River Associates, joins us to talk about the new merger approval process and its sharper focus on data and economic analysis, how lawyers can most effectively engage with economists, the state of hipster and hillbilly antitrust, and the representation of women in the profession. Plus the final filing fees and the near-final ACCC merger guidelines, the Final Report of the Digital Platform Services Inquiry, movie ticket surcharges and the final Fast and Furious film, the final stand of the final fired FTC Commissioner, and a surprise musical finale. All this and more with co-hosts Moya Dodd and Matt Rubinstein
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Partners Charles Coorey, Andrew Low and Liana Witt take us deeper into the new merger review process -- the filing fees, the forms and information requirements, and how to engage with the ACCC before and after notifying, with more wrinkles than Winnie the bulldog. Who gets to notify when there's a competitive bidding process? When can you claim confidentiality? How do the ACCC and FIRB work together? This is a recording of the second in our webinar series on Australia's new formal merger system which came into effect on a voluntary basis on 1 July and will be mandatory from 1 January 2026. This episode may qualify for 1 CPD point depending on your jurisdiction.
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Why should you start your legal career in Australia’s leading competition, consumer and market regulation practice? Recent clerks and now team members Amy van Dongen and Elena Khoury, partners Louise Klamka and Andrew Low, and some old friends who have moved on to great things join us in this special episode. Hear what they think about the people, the opportunities and the firm’s focus on innovation and social impact.
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Partner Charles Coorey and pro bono lawyer Jessie-Grace Stephenson read the fine print on consumer protection and product safety -- from quad bikes to button batteries and how businesses can support their vulnerable customers. Plus million-dollar (maybe) fees for complex mergers in the coming merger regime, Hungry Jack's and the existential terror of Garfield, toxophilites aquiver over price-fixing in archery supplies, and a Chatham House competition conference is compliantly discussed. All this and more with co-hosts Moya Dodd and Matt Rubinstein.
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Special Counsel Amelia McKellar joins us to talk trends and developments in antitrust, artificial intelligence and digital regulation in Asia -- what's going on in key jurisdictions and what it all means for Australia. Plus our new-look ministry and what's next for competition and regulation, a win for the ACCC in the Qteq qase and new wrinkles in the Spotless and Ventia action, steak sauce in schools and roaming commissioners in the US. All this and Humphrey's Executor with co-hosts Moya Dodd and Matt Rubinstein.
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Australia’s new, formal, mandatory and suspensory merger regime comes into effect on a voluntary basis on 1 July this year and will be mandatory from 1 January 2026. Join G+T partners Elizabeth Avery, Louise Klamka and Jeremy Jose for a webinar first livestreamed in April on the coming notification thresholds and waivers, the timelines, the new framing of the merger test, the long and the short of the forms – and the pieces of the puzzle still to come. And keep an eye out for the next webinar on 18 June!
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Partners Elizabeth Avery and Liana Witt report back from a very different American Bar Association Spring Meeting in Washington DC, and take us through recent upheavals in US competition and consumer law. What is the new “America First” antitrust, what does it mean for global deals, big tech and AI, and how will it impact Australia and the rest of the world? Plus digital platforms and the new regime, the ACCC bags a penalty in ocean plastics and has no truck with LDV's SUVs, and what to expect from the newly returned government … All this and more with co-hosts Moya Dodd and Matt Rubinstein. [Links]
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In this bonus episode, we rejoin Professor Emerita Anne Twomey for more on how media is regulated at election time. How could AI be deployed in political advertising? What is misinformation anyway, and who should decide what is verifiably true or false? Can truth in political advertising be legislated? And what's the future of debate in the town square - or are we all on our own private bubble?
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Professor Emerita Anne Twomey, constitutional law expert and G+T consultant, takes us through the regulation of elections: misinformation, disinformation and the implied freedom of political communication. Plus the new draft merger thresholds, targeted sectors and forms; the High Court's understanding of "understanding" in the ACCC's case against Hutchinson and the CFMEU; the Digital Platform Services Inquiry wraps up, and we check in on the parties' election platforms. All this and voodoo economics with co-hosts Moya Dodd and Matt Rubinstein.
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Economist and former head of the Competition Authority of Ireland and the UK Office of Fair Trading John Fingleton CBE joins us from the Competition Taskforce to talk about Australia's recent and future reforms, the role of ex ante regulation and the shifting sands of antitrust in the US, the UK and Europe. Plus competition and consumer protection in the Australian budget, the ACCC's draft merger assessment and process guidelines, and the US agencies boycott an antitrust conference. All this and jerseys vs guernseys with co-hosts Moya Dodd and Matt Rubinstein.
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Partner Louise Klamka and Special Counsel Rebecca Dollisson take us through the risks and rewards of business cooperation, from Virgin and Qatar to the Vanilla Ice Posse. When can you talk to your competitors, when should you talk to your lawyer, and when do you need the ACCC? Plus the roadmap to the new merger clearance framework, the new scam prevention framework and some questionable consumer law limericks, why is there only one Monopolies Commission, and what is the new National Competition Policy? All this and the price of eggs with co-hosts Moya Dodd and Matt Rubinstein.
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The ACCC's compliance and enforcement priorities are here and Partner Simon Muys reads between the lines on the new merger framework, the global zeitgeist and where private litigation fits in. Plus a re-evaluation of competition law, regulation and national champions; DeepSeek takes the Fast and Furious challenge; all the Niue/New Zealand numismatics news; and a new competition-law-themed cryptic crossword to reflect these convoluted times. All this and absurd alliteration with co-hosts Moya Dodd and Matt Rubinstein.
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Chief Advisor Marcus Bezzi joins us to talk about his time at Treasury's Competition Taskforce, merger reform implementation, the future of our National Competition Policy and the next chapter in a life of competition law and policy. Plus antitrust shifts in the US and the UK, new judges for the Federal Court, merger reviews and non-reviews in smartphone apps, and a look at the year ahead … All this and low-fat yoghurt with co-hosts Moya Dodd and Matt Rubinstein. Links
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Special Counsel Amelia McKellar joins us with the latest on AI and consumer protection, from rogue chatbots to fake reviews and how regulators are combatting and using AI. Plus price-fixing on defence force estates in the ACCC's first competition law court case in a while; new and proposed laws on the merger process, social media age restrictions, privacy and ex ante digital platform regulation; and the Digital Platform Services Inquiry returns to search as the US Department of Justice proposes radical remedies for Google. All this and the green Teletubby with co-hosts Moya Dodd and Matt Rubinstein. [Links]
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Partner Liana Witt joins us to talk about the latest in competition and consumer law enforcement and law reform. The ACCC is leaning into consumer and cost-of-living issues as a new prohibition against unfair trading practices is taking shape. Private and class actions are dominating new competition law cases, but ACCC cases currently on appeal could change the enforcement landscape dramatically. Plus age restrictions for social media and a duty of care for digital platforms; new merger laws reach the final stretch; and Sigma and Chemist Warehouse take the W, skibidi. All this and some confusion about US cabinet appointments with co-hosts Moya Dodd and Matt Rubinstein.
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Productivity Commission Chair Danielle Wood joins Partner Jeremy Jose to discuss the evolving role of the Commission, the Competition Taskforce, the progress and prospects of the new Competition Policy Review, and the importance of basing Australian policy on Australian evidence and data. Plus regulatory grids and antitrust raps at G+T's inaugural Financial Services Forum, a googol roubles trouble Google, rectangular wheat biscuit products and the ACCC's enduring priority of breakfast, and parliament juggles merger laws and divestiture bills. All this and four more years, apparently, with co-hosts Moya Dodd and Matt Rubinstein.
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Deputy Assistant Attorney-General John W. Elias lays out the mission and culture of the Antitrust Division at the US Department of Justice, covering diversity in competition law, the new geometries of the US merger guidelines, and the recent AI workshop at Stanford. Plus vague promises and unfair trading practices; a hat-trick of competition and labour law complaints against FIFA; the ACCC's new merger surveillance team; and what the US election might mean for antitrust enforcement. All this and a bunch of goo with co-hosts Moya Dodd and Matt Rubinstein.
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Partner Geoff Petersen explores the new role for governments in the energy transition, taking the lead on targets and infrastructure and making sure consumers aren't left behind. But what's left for market mechanisms and national regulation? Plus the recalibrated merger reform bill hits Parliament with something for everyone in the notification thresholds; more supermarket scrutiny here and around the world; greenwashing in fashion and finance; big penalties for those Qantas ghost flights and a speeding ticket for Honda under the right-to-repair scheme. All this and plenty of disfluencies with co-hosts Moya Dodd and Matt Rubinstein.
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Partner Louise Klamka takes us down the catwalk where fashion meets competition law. Is the Birkin bag in a market of its own? Is "accessible luxury" a contradiction in terms or a reason to keep Tapestry away from Capri? And how does this relate to industrial relations and ESG-washing? Plus supermarket discounts and the new Food and Grocery Code; new directions for competition law in the European Commission and the Courts; and the Australian Competition Tribunal gets ready for its new role in the merger review framework. All this and More Songs about Buildings and Food with co-hosts Moya Dodd and Matt Rubinstein.
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New ACCC Commissioner Dr Philip Williams AM trades a long history in economics in the private sector and academia for a crucial role with the competition regulator. He joins partner Simon Muys to discuss the history and future of competition law and economics, from misuse of market power to the structure–conduct–performance paradigm. Plus we examine the proposed merger notification thresholds; Disney's in court for unfair contract terms and a sports joint venture; the new anti-siphoning list gets a workout; the CMA investigates Ticketmaster over Oasis tickets; and the long awaited amendments to the Privacy Act finally land. All this and dynamic pricing with co-hosts Moya Dodd and Matt Rubinstein.
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NPR on Trading Places and the Eddie Murphy rule
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Partner Tanya Macdonald on how industry associations and their members can promote industry, consumer and public interest goals while staying on the right side of the law. Plus Apple loosens up on contactless payments, with a few complications; the ACCC gets creative with Google search defaults; a 3-to-2 merger in credit reporting sails through; and the High Court gears up to untangle contracts, arrangements and understandings. All this and main characters of few words with co-hosts Moya Dodd and Matt Rubinstein.
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NZCC Chief Economist and former DoJ Counsel Douglas Rathbun speaks to Special Counsel Haidee Leung about why New Zealand is the best place in the world to think about the future of competition policy, regulation of nascent technologies like generative AI, how the Commerce Commission is adapting to new challenges and, controversially, who really invented the flat white. Plus the US v Google judgment and what it means for search and beyond; submissions to the Treasury consultation on unfair trading practices and unfair contract terms in ASIC v PayPal; and the Digital Platform Services Inquiry rounds the final corner and hits the nitrous. All this and chapeaus, chaussures and chaussettes with co-hosts Moya Dodd and Matt Rubinstein .
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The Government has released a hundred pages of draft amendments to the merger review framework, and partners Elizabeth Avery and Simon Muys talk us through the devil in all that detail. What does the new process mean for procedural fairness? How does the new test affect the whole of the competition law? Is this faster or a disaster, stronger or just longer, simpler or whatever rhymes with simpler? All this and what comes next with co-hosts Moya Dodd and Matt Rubinstein.
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Technology + Digital Partner Melissa Fai takes us through the seismic changes to the Privacy Act now expected in August, with new protections for individuals, obligations on business and powers for the regulator to match the massive increase in maximum penalties we saw in 2022. Plus more yellow cards for FIFA and other sports administrators in the courts; the backlog in submissions for Treasury competition and consumer consultations; antitrust trolling from the US congress; and federal relations return to the Competition Policy Review with the crafting of bright lines. All this and Matt Damon with co-hosts Moya Dodd and Matt Rubinstein.
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Elizabeth Avery and G+T Ventures head Xavier Keary investigate the coming collision of venture capital and the new merger proposals as the ACCC draws the line at market power. You can't enter a box junction unless your exit is clear -- is it the same for the startup sector, and what does that mean for economic dynamism? Plus merger reforms and AI were discussed and the Chatham House rule was observed at the Hodgekiss Competition Law Conference; market share thresholds and call in powers under the new merger framework; third parties do a Michelle Heyman around the ACCC’s decision in Brickworks v BGC and legal privilege in expert reports; private misuse of market power actions against Sony and more; and could school apps be a natural monopoly? All this and professional-grade sporting analogies with co-hosts Moya Dodd and Matt Rubinstein.
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The ACCC is calling for reform to the consumer guarantee regime to make non-compliance a contravention — similar to unfair contract terms. Currently the guarantees are the top issue for complaints to the ACCC, and they can lead to millions in penalties even though they don't have the force of law. Special Counsel Amelia McKellar takes us through these paradoxes and what the ACCC wants to do about them. Plus the Budget fallout for competition laws and agencies, variations on Louis Dreyfus and cotton, the ACCC's reports on airline competition and data firms, and the evolution of search engines and how to opt out of it … All this and more time travel with co-hosts Moya Dodd and Matt Rubinstein.
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G+T alumna Romany Webb joins us from the Sabin Centre for Climate Change Law at Columbia University to talk about regulatory approaches to carbon dioxide reduction and removal on the critical path to net zero and beyond. Plus rethinking no-poach and non-compete agreements and competition law, more greenwashing action from ASIC and the ACCC, sky-high penalties for Qantas while Bonza is grounded, things get complicated at the Supermarket Prices Inquiry, and the history of Monopoly from Lizzie Magie to Barbie™. All this and more with co-hosts Moya Dodd and Matt Rubinstein.
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In this bonus episode, we rejoin the ESG, Sport and Human Rights Forum, where host Moya Dodd spoke with Women's World Cup winner Mary Harvey, now the CEO of the Centre for Sport and Human Rights, and Rachel Davis, co-founder of the Shift Project and former independent chair of FIFA's Human Rights Advisory Board, about culture, sustainability, leadership and change through a human rights approach in the world of sport.
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The biggest shakeup of merger regulation in Australia in 50 years is coming into view. Partners Elizabeth Avery and Louise Klamka take us through the major changes and the devilish details that still need to be settled, with additional commentary from partner Simon Muys and winning visualisations from Treasury. Is this faster, stronger and simpler, or just harder? More transparent or less accountable? Plus grocery inquiries and divestiture powers, Soviet industrial policy, irrebuttable presumptions and the ACCC looks for a meeting of the minds with the High Court on the nature of threats and understandings. All this and Rebel Wilson with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast.
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Anne Catherine Faye, Economist and Counsel to the Chair of the American Bar Association's Antitrust Section, takes us through the complicated landscape of antitrust, economics and sustainability in the US and beyond. Plus the Department of Justice goes bobbing for Apple, the Epic case gets underway in Australia, the Full Federal Court overturns the ACCC's win against the CFM(M)EU, and the Productivity Commission gets back in the game with the new National Competition Policy. All this and the Franklin's Tale with co-hosts Moya Dodd and Matt Rubinstein and senior correspondent Anna Belgiorno-Nettis.
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Change is the only constant, but even change is changing as partner Andrew Low joins us to talk about digital regulation, digital ecosystems and digital payments, and the fight over access to a tiny part of your phone. Plus more constant than change in the ACCC's 2024–25 compliance and enforcement priorities, Epic's battle royale against Google and Apple lands on our island, gatekeepers land their European beachheads on DMA-day, ex-ante regulation proves to be easier said than done, and surf'n'turf at the Qteq cartel hearing. All this and our politicians' favourite films with co-hosts Moya Dodd and Matt Rubinstein.
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G+T partner Ilona Millar and Business and Human Rights Lawyers Association Co-Chair Rae Lindsay on global ESG trends, corporate sustainability in Europe, and the unfolding impacts on Australian companies in the first part of a double-header on the emerging field of business and human rights.
Plus the Tribunal overturns the ref's call on the ANZ/Suncorp merger authorisation, but it's not all bad news for the ACCC; ex-post reviews of mergers; near-record criminal fines for a cartel; and even more Wonka and antitrust in pop culture.
All this and more next week with co-hosts Moya Dodd and Matt Rubinstein.
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Partners Elizabeth Avery and Simon Muys take us through the latest on the merger reform debate, how the ACCC's position has evolved and how its package deal might be unbundled.
Plus time is a flat circle with supermarket inquiries and the cozzie livs, disrupting the Chocolate Cartel with Willy Dubs, expensive typos from Mariner I to the latest real estate scams, and dance hall revivals from West Ham to "No Whyalla Wipeout".
All this and more AI fingers with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge Podcast.
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Special Counsel Amelia McKellar guides us through the multiverse of multijurisdictional ("MJ") mergers, and how to navigate the conjunction of thresholds, deadlines, agencies and advisers and arrive at the singularity of success. Plus submissions at 20 paces in the merger reform debate, Apple tells the regulators they've been holding it wrong, lessons in Wonkanomics, and a busy year ahead for the ACCC … All this and more with co-hosts Moya Dodd and Matt Rubinstein.
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OECD Competition Committee Chair Professor Frédéric Jenny joins us to talk about the long arc of the competition law universe, from the Chicago School through COVID to climate change, digital platforms and artificial intelligence. Plus motorways and Rebel Wilson, the inaugural GCR Live conference in Sydney, greenwashing ocean-bound plastics, both kinds of RPM, the Government response to Reppo No. 5 and the ACCC's call for ex ante regulation, and Epic's saga against Google. All this and a new competition law cryptic crossword with co-hosts Moya Dodd and Matt Rubinstein
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Even as maximum corporate penalties go through the roof, there may be more deterrence in pursuing a business's officers and employees. Partner Liana Witt talks us through individual liability for competition law contraventions and how not to end up as the anti-hero. Plus Treasury consults on changes to the merger process; new leadership and new expectations for the Productivity Commission; the High Court hits the ground running; and when's the ACCC going to drop another competition court case? All this and evermore with co-hosts Moya Dodd and Matt Rubinstein.
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Partner Geoff Petersen gives us the buzz on the new National Energy Objectives, which now include the reduction of greenhouse gas emissions, the ACCC's authorisation of Brookfield’s acquisition of Origin Energy on green grounds, and what they mean for competition as the energy transition accelerates. Plus A.I. from the Beatles to Bletchley Park; the full line-up of the Competition Review Expert Advisory Panel; turning up the volume on the merger process debate; and what really is a Ticket to Ride? … All this and more with co-hosts Moya Dodd and Matt Rubinstein.
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Partner Louise Klamka reads the contrails on the airline sector, including the ACCC's case against Qantas and its rejection of Qantas's acquisition of Alliance, the Government's Aviation White Paper, the Senate Inquiry into Bilateral Air Service Agreements and the need to look closely at the role airports play in aviation competition. Plus competition vs climate in the Brookfield/MidOcean acquisition of Origin Energy, taxes and treason in the High Court's electric vehicle ruling, A.I. fought the law and nobody won, and quixotic projects with the International Competition Network in Barcelona. All this and more with co-hosts Moya Dodd and Matt Rubinstein.
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NYU antitrust legend Eleanor Fox joins us to discuss the evolving nature of antitrust; the tensions between agencies, lawmakers and courts; and convergence and divergence between competition law jurisdictions. Plus negotiating AI in Brussels and Hollywood, a clearer picture of the FTC's case against Amazon's "Project Nessie", and late changes to the High Court's starting seven. All this and more with co-hosts Moya Dodd and Matt Rubinstein.
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Partners Elizabeth Avery and Louisa Klamka return from the International Antitrust Forum in the home counties with all the latest on competition practice and enforcement around the world. Regulators are embracing novel theories of harm, but what do the courts think? All will be revealed – to the extent permitted by the Chatham House Rule. Plus the Matildas make the anti-siphoning list, the ACCC tells Transurban to take the rat run, Microsoft nears the end credits in its quest for Activision, and the FTC takes another stab at its white whale, or lake monster. All this and economic dynamism with co-hosts Moya Dodd and Matt Rubinstein.
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Partner Jeremy Jose brings us up to date on the rolling boil that is gas market regulation in Australia. What's the latest on the gas trigger, the price cap and the mandatory code of conduct, and how is this helping us towards net-zero? Plus consumer protection and the Women's World Cup, record penalties for the ACCC with more on the runway, more to the Triple Threat than meets the eye, a new kind of competition policy review and all the news on unfair trading practices and contract terms. All this and one or two Simpsons references with co-hosts Moya Dodd and Matt Rubinstein.
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Former Human Rights Commissioner Prof Ed Santow of the UTS Human Technology Institute joins G+T's Simon Burns, Andrew Hii and Jen Bradley to discuss A.I. governance and ethics, sexy powerpoints and The Simpsons.
Plus the Microsoft/Activision merger levels up, the ACCC grapples with greenwashing, the Tower of Babel is looking kind of shaky, and what's the deal with Secure-a-Spot not securing a spot?
All this and Go The Matildas! with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast.
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Collaboration or Collusion? Partner Elizabeth Avery and lawyer Radha Rathi run the ruler over agreements between rivals for sustainability goals, as authorities around the world weigh the competitive landscape against the actual one. Plus traffic lights for toll roads, the sound of mergers, dark patterns in the FTC's case against Amazon, a Marxist critique of artificial intelligence, and fusion cells or hit squads take down investment scams … All this and a looming World Cup with co-hosts Moya Dodd and Matt Rubinstein
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Climate change and sustainability partner Ilona Millar takes us through the new obligations and imperatives facing many businesses to address their environmental impacts -- individually or through industry collaborations. Plus the ACCC solves a cashflow problem in the Prosegur/Armaguard authorisation, the global golf merger gets into the rough, fresh legs on the field of competition and regulation field. All this and more sports references with with co-hosts Moya Dodd AO and Matt Rubinstein NST.
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US DOJ economist Dr Brian Clark joins us to talk about equity and antitrust, labor and monopsony markets, and what Stephen King has in common with poultry processors. Plus the latest on Microsoft's Activision acquisition from the CMA, DG COMP, the FTC and the ACCC, Woolworths' Karabar carry-on, Justice French's arsonist bounces into life, and lawyers learn the limits of large language models.
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Springtime in Washington: G+T lawyer Anna Belgiorno-Nettis spoke at the world's largest antitrust meeting and now reports back on equity and fairness in competition law, how the major antitrust jurisdictions are getting things done, and how Australia stacks up. Plus the world's friendliest conference and the Chatham House rule, the latest on digital platforms, including the UK's DMU and DMCC and the EU's DMA and DSA, and the godfathers of artificial intelligence and stupidity … All this and more with co-hosts Moya Dodd and Matt Rubinstein
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Special Counsel Sarah Lynch brings us all sorts of reports on ports, as NSW Ports scores a win against the ACCC and critical infrastructure and privatisation remain in the crosshairs for regulators and enforcers. Plus the ACCC's plans to overhaul merger approvals and turn back the Qantas acquisition of Alliance; the new Stanford AI Index and our own index of Als and Alis; severed Viking heads and Norse poetry. All this and more with co-hosts Moya Dodd and Matt Rubinstein
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It's been a busy first year for the new Australian government, with big changes in competition and consumer law and regulation and plenty more to come. Dr Leigh MP tells us what brought him to his portfolio, what keeps him going and how he sees concentration in Australian markets.
Plus the Productivity Inquiry meets the Economic Dynamism Inquiry, a virtual ecosystem of digital ecosystem news from dating to default dance moves, and a High Court victory for Botox alternatives and comparative advertising.
All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge podcast.
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Partner Simon Muys returns from the International Bar Association Competition Conference in Italy with the latest developments in European competition law, digging into the Jarndyce-scale Intel litigation and the Illumina/Grail blood offering. What do these trends reveal and what do they mean for Australia in a time of global antitrust coordination and domestic change? We ask the Machine.
Plus we look at the ACCC's new enforcement and compliance priorities and its recent green sweep, short thoughts on the ports in the courts, what's next for the Digital Platform Services Inquiry, the release of our annual analysis of competition enforcement, and smurf-smurfing at the Smurfic Games (or the Olympic Smurfs) …
All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge with Gilbert + Tobin.
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ACCC Chair Gina Cass-Gottlieb, consumer advocate Gerard Brody and G+T partner Elizabeth Avery discuss the role of fairness in competition and consumer law and the proposed prohibition on unfair trading practices . With a special introduction from Assistant Minister for Competition Dr Andrew Leigh. Plus a course change for privacy protections with the Attorney-General's Report, cartels and creature comforts in the Pilbara, ambition and distraction at the Federal Trade Commission, and word-checking the Treasurer's essay on markets
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Dr Philip Marsden is a Professor of Law and Economics, an ultra-marathon runner, an antitrust rapper and a co-author of the Furman report into digital competition, and he joins us to talk about all these things and more. Plus everything that's happened since the last episode: regulations, consultations, user locations, triangulations, revised variations, and artificial intelligence gets fast and furious. All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge with Gilbert + Tobin.
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Half-time at the ACCC's five-year Digital Platform Services Inquiry sees the agency reflecting on changes in the high-tech sector and recommending a new approach to regulation, with up-front or ex-ante rulemaking in additional to traditional enforcement. Digital Platforms Branch General Manager Kate Reader discusses the ACCC's proposals and what they would mean for big tech, small business and consumers.
Plus turf wars and concerted practices, government action on privacy and buy-now-pay-later arrangements, and Swift justice for Ticketmaster. All this and more with co-hosts Moya Dodd and Matt Rubinstein on The Competitive Edge with Gilbert + Tobin.
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Group leader Elizabeth Avery reports from a world tour of competition law conferences with an update on the new progressive antitrust which is quickly occupying the mainstream in the US, Europe and beyond. Plus ex ante or up-front regulation on the horizon with latest Interim Report in the Digital Platform Services Inquiry, an update on merger reform proposals, a lamentable rise in poetry scams, and class actions for cyber incidents. All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge with Gilbert + Tobin.
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Our illustrious alum the Hon Michelle Rowland, Minister for Communications, joins us to talk about the broadband repair job, sports broadcasting in the age of streaming, cyber security and the road from G+T to the Ministry. Plus new penalties for privacy breaches after Optus and Medibank; antitrust tackles the gender pay gap in Mexican football; and we're going a bit crazy waiting for DPSI Interim Report No 5. All this and more with co-hosts Moya Dodd and Matt Rubinstein of The Competitive Edge with Gilbert + Tobin.
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Are regulators ready for AI? Or do they need AI to help them? Peter Waters decodes the multiple challenges regulators face, and reprograms us for an innovation mindset as AI reaches from human brains to horses' feet, from detecting cartels to creating questionable art.
Plus a new sequel to the Hilmer and Harper reforms, new merger process proposals on the horizon, and small duchesses and scant batchelors in the slate roofing cartel. All this and more on the latest episode, with co-hosts Moya Dodd and Matt Rubinstein.
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It's state vs state as national regulation lags behind environmental imperatives. Special Counsel Geoff Petersen takes us through how regulated industries are shaped by the turbulent history of federalism - including Mark Twain's train ride to Albury. Plus the real takeaway from the Optus hack, new maximum penalties, an overhaul of unfair contract terms provisions and we raise the curtain on Opera Australia under its new Chair. All this and more with co-hosts Moya Dodd and Matt Rubinstein.
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USC Professor Danny Sokol joins Partner Louise Klamka and Special Counsel Haidee Leung to interrogate the need for digital specific regulation. Why the rush for ex ante rules? What are the risks for Australia's transition to a more digital future? And what does all this have to do with soup? Plus two red lights from the ACCC for Qantas, what The Merge means for the future of Web3, no ports in a perfect storm for the Port of Geelong, and we creep up on small geographic markets in Woolworths' latest acquisition effort.
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Monopolies! Competition law hates them, intellectual property law creates them. It's not that simple, but the two areas of law often find themselves in conflict, and in Australia they've been unleashed on each other after the repeal of a key exemption. Competition partner Susan Jones and IP partner John Lee dissect the issues after pharma competitors Celgene and Juno failed to get their patent settlement agreement authorised by the ACCC.
Plus punishing (or at least deterring) penalties proposed, good news and bad news for Google in location tracking and defamation cases, and myths and legends from Olympus to the Olympics while the AEMO fiddles with the national energy objectives. All this and more with co-hosts Moya Dodd and Matt Rubinstein on The Competitive Edge with Gilbert + Tobin.
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The telecommunications industry has been a crucible of competition and regulation for decades, and it's now on the frontline of debates ranging from digital platforms to AI and data. Industry veteran Richard Feasey connects the history and the future of technology and regulation. Plus antitrust in sport and horror, a new chapter for the National Broadband Network, and more…
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When everything is changing, everywhere and all at once, how do competition law and regulation keep up? New partner Andrew Low talks us through the shift from absolutes to a more precise approach in technology markets and beyond. Plus a few hints from—and to—the new government, more fallout from the Country Care case, and another crossword!
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Solve our new competition and regulatory-themed cryptic crossword!
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Why should you start your legal career in Australia’s leading competition and regulation practice? Recent grads Asha Keaney and Amelia Douglass, partners Louise Klamka and Charles Coorey, and some old friends who’ve moved on to great things let us know in this special episode. Hear what they think about the people, the opportunities and the firm’s focus on innovation and social impact.
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Energy markets are in turmoil, the road to net-zero is bumpy, and regulators have greenwashing in the crosshairs. New partner Jeremy Jose unpacks the power plays. Plus Australia's first jail sentences for cartel conduct, we're all royal-watchers now, and your cryptic crossword awaits.
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Knock, knock. Now what? It’s no joke when the ACCC conducts a dawn raid. New partner Tanya Macdonald talks with Moya Dodd about how you and your staff can survive – or even avoid - the most confronting investigations. Plus Matt Rubinstein takes us around the grounds: Australia's new government looks to ramp up competition law enforcement, the NBN's new undertaking gets a WACC, the ACCC raises a dispute with Mastercard, and more.
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What happens when antitrust and privacy go head-to-head? UNSW Senior Lecturer Dr Katharine Kemp joins us to map the collision course between competitive markets and fundamental rights. Plus the algorithm is gonna get ya, smart cars and dumb movies, and an extremely niche timewaster.
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What are the ACCC's priorities and what difference will new leadership make? Former ACCC Chair Rod Sims announced an ambitious policy agenda for 2022–23 just weeks before handing the keys to new Chair Gina Cass-Gottlieb.
Senior partner and Head of the Competition + Regulation practice group Elizabeth Avery helps us navigate the road ahead.
Plus carmakers get pulled over, Australia and New Zealand move closer together, and more…
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When the energy regulator publicly asks existential questions about its own legislated regulatory framework, we know the world is changing. Hear energy expert and Special Counsel Geoff Petersen talk us through the buzz on energy regulation, as the world aspires to net zero while grappling with the fallout from Russia's invasion of Ukraine. Plus, things that chill competition for ice-creams and a look at why some big mergers have been abandoned.
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Air travel is taking off again but the world has changed for operators and passengers alike. Regulators insist that competition must be preserved, but what does that look like in a pandemic and an uncertain recovery? Sit back, relax and enjoy the flight as Partner Louise Klamka give us the 30,000-foot view. Plus competition law in Ukraine, legislative acronyms that make us LOL, and reading the tea leaves on the new ACCC Chair.
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An exclusive 1:1 with incoming ACCC Chair -- and until recently G+T partner -- Gina Cass-Gottlieb. From her family kitchen table to her formative school days to who she supports in the Premier League, we bring you a unique and up-close look at the woman who will shape our competition law landscape in the years to come. She'll be looking back on her experiences as a pioneering practitioner and the only woman in too many rooms, and forward to the cultural change we're seeing in law and business. Plus a quick roundup of other news from the season break.
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State and Commonwealth governments have agreed to toughen protections for consumers and smaller businesses against unfair terms in standard form contracts. Many businesses use these contracts and we've all signed or clicked on them, often without a clear idea of the risks involved. Partner Charles Coorey joins us to discuss the coming changes and what they mean for you. Plus the ACCC's review of Amazon's purchase of MGM, Tool Time with Techtronic and Tooltechnic, the consumer data right in the energy and telco sectors, new ACCC Commissioner Liza Carver and more!
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Artificial intelligence and technology are accelerating, public expectations are shifting, and competition law and regulation are scrambling to keep up. Our AI guru Peter Waters is here to tell us what we can do to prepare. Plus an antitrust hipster update, a sequel to Dieselgate, and decarbonisation dilemmas in the pipeline for the gas sector post COP26.
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The "hipster antitrust" movement emerged in 2017 as young lawyer Lina Khan and others argued that competition law should embrace a wider variety of harms and benefits than the price-focussed consumer welfare standard. The pushback was firm - including from ACCC boss Rod Sims - and hipster antitrust was consigned by many to the recycling crate of history. Fast forward to 2021 - Lina Khan leads the FTC and antitrust hipsters are quickly becoming mainstream. Betty Mkatshwa joins us to discuss how we got here and where we're going. Plus: criminal cartels that make you sick, rigged roofing allegations, and what Don Bradman's batting average has in common with committal hearings for the Federal Court.
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The ACCC has often warned against privatisations of major government infrastructure aimed at securing the highest sale price at the expense of competition in the longer term. When the New South Wales government sold its largest cargo ports with what looked like a hedge against future competition, the regulator thought it had a clear case. So far, the court hasn't agreed. Lawyer Sarah Lynch worked closely on the case and tells us what happened and what happens next. Plus more from the ACCC on merger reform and ex ante regulation, Microsoft’s acquisition of Nuance, default search screens and things that get lost in transcription.
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Last week, we turned to crime… and we're not done yet! This episode brings you more in our conversation with Kate Morgan, SC who successfully defended Country Care in Australia's first criminal cartel jury trial. Last week, we talked about the charges, the evidence, and the courtroom tactics. This week, we tackle the big questions. What happened when the verdicts came in? What does it mean for the ACCC's pipeline of investigations? And the really big one - why are jury trials like playing Germany at the World Cup?
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The first criminal cartel case to go before an Australian jury ended with a swift verdict of “not guilty” on all charges against health solutions provider Country Care. Jump behind the scenes with Senior Counsel for the accused, Kate Morgan, for a sideline scoop on the case and what it might mean for criminal prosecutions of cartel cases in the future. Plus the ACCC's adtech report, infrastructure privatisation, a crisis for carnivores and plenty more…
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Learn about the ACCC's proposed changes and what they might mean for you with Elizabeth Avery, who heads up our competition and regulation team. We do a deep dive into the future of the approval process, the test to be applied and the special focus on large digital platforms. Plus a new investigation into mobile payments, craft beer at the football, medieval rights in common and more …
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Australia’s competition regulator the ACCC fought hard for a new law against misuse of market power, but it’s private companies who are using it more. Our Partner Simon Muys tells us why and what it means for businesses who might have market power or who deal with someone who does. Plus Rod Sims outlines one possible future for merger approvals in Australia, Treasury consults on major changes to unfair contract term laws, a decision in the Epic v Apple case in the US and more …
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Show notes:
Merger review proposals
Unfair Contract Terms
Simon Muy's article
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What you need to know about the latest in competition law and policy from Australia’s leading Competition and Regulation practice at Gilbert + Tobin.
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